Butte semi-weekly miner., 1887-04-13
THE VARIETY CASES.

nj THE VARIETY CASES.
, Trial Of the Case Against Ritchie q
the Arion.
} A Brilliant Array Of Legal Talent En-
gaged-The Jury out all Night:1n the
First Case-The Second Case Nensuited
"A Full Account Of the Evidenoe, hc
The first of the cases known as the
! ~Comique" cases came up in the Dist rict
, Court yesterday about IL O'Clock for hear
ing on it's merits. The first case tried was
that of the Territory of Montana vs.
Frederick Ritchie for selling liquor in q
variety theater in contravention OF the
Statute known as the variety act" passed
by the last Legislature. A large array OF
legal talent was engaged on the case. Coun-
ty Attorney Dewitt being assisted by Mr..
C. J. Walsh and Mr.. George Haldorn. and
the defence heing represented by Messrs.
Robertson & Stapleton, w. w. Dixon and
Campbell & Duffy. The hour before recess
was consumed in obtaining a jury. two
Jurors being ex cused for cause, one chall-
enged by the prosecution and four by the
defense.
After recess the trial was fairly begun.
Mr.. Dewitt read the Indictment and ex-
planned to the jury what the prosecution
witness was called.
Luther T. Jennison testified that on the
9th of February he was in the Arion, that
there was a show going on at the time
upon the stage, and had been sold beer by
| a woman, whom he took to be waitress,
and that he paid her for it. Her occupa-
| ton seemed TO be selling beer. He did not
/ remember seeing Ritchie at the time in the
place.
On cross-examination he stated that he
was possibly fifteen minutes in the place
altogether; that Morsehead was with him
and no one else. He knew that Ritchie
was the proprietor of the place because he
had had business with and made out bills
to him-that was all he knew OF his pro-
prietorship.
VIM. Morshead was the next witness,
Arion on the night in question; that there
Was q shew going on upon the stage; it was
an ordinary stage with scenery in the rear
and footlights in front; that he saw Jenni- |
son pay for three drinks of beer, which he
understood to be a malt liquor; that the
beer was served by a girl; didn't know |
what she was doing; that he was not ia |
miliar with the place and supposed she |
was waiter girl; that Ritchie himself had |
told him he was the proprietor of the |
place. for he had gone there with warrant |
for Dick Foster, and had been told by |
Ritchie that he was his employe, and that |
he (Ritchie) owned the Arion; that the |
stage was fixed up in the usual manner of
stages, but he was not familiar with stage
fixing that he saw no programmes.
On ncross-examination he stated that he
went in with Jennison and came out when |
he did; that they were there about fifteen
minutes, sat down and had drink for
which Jennison paid; there Was perform.
ance going on all the time there-that is.
one person would come on ard sing or
otherwise perform on the stage and retire
and be succeeded by some one else or come
on again as the Gaze might be; he was there
to witness the perfor nance like any other
onlooker; that he didn't go specially to see
if liquor was sold there or makea case that
particular night more than any other;
Ritchie told him he was proprietor of the
Arion on the LIST OF March, subsequent to
the time when the offence was laid.
On redirect examination he repeated
the statement that Ritchie told him of his
when going to arrest Dick
Foster.
Annie Morris was the next witness. She
had been pointed out to thetwo previous
witnesses who failed to identify her as hav-
ing seen her at the Arion, and were sure
she was not the girl who waited on them.
She didn't seem to be gifted with any super
fluffy OF intelligence on the witness stand. I
1t first she didn't know who employed her
and then answered that she was employed {
at the Arion and that Richie was the
proprietor. A few more questions being
put to her she admitted that she was en- l
ployed by Ritchie to sell beer. She had no
of what vas going on there up {
On the evening in question, but generally
here was singing and dramatic perform
ances there every evening. She couldn't tell
Who had authority at the Arion; she knew y
Richie; asked directly, she said it was his
olace and that nob,dy else had anything
20 say about it's management. i
On cross examination she testified that d
,eople who drank paid gentlemen waiters;" I
he girl walters sold beer, but the money G
vas paid to the men; the girls don't get J
nythipg unless they drink themselves the \
entlemen who bought the beer always
reated the girlsf.
Redirect, she admitted that when a girl
OF any money rom customer she turned
in at the bar.
Constable Lytle was called up, but was :
ot at the Arion on the night in question.
For the defense II. l.. Haupt was sworn,
nd testified that on March 1st he was
)eputy Treasurer and Collector; that he
new Ritchie, the defendant; he was
anded paper and recognized it as the
cense he had issued to Richie; it was is
ued to carry on business in the Arion
hat it was granted to run from February
to March 4, 1887. The Arion was in the
rllar OF the Crystal building on the cor
er of Main and Park streets. The license
as issued to run a saloon where waiter
iris are kept.
Objected to by the prosecution as irrele-
ant and incompetent.
Mr.. Dixon stated that the defense pro-
osed to show by this license that before I
ne law upon which the indict-
lent now being tried went into effect the
erritory had granted the defendant a H.
,nse to carry on the same business which
was now prosecuting him for carrying
n. This was a license issued by the Ter
tory to carry on the very business now
ade an offcnse.
Mr.. Haldorn quoted authorities to show
le nature of license. He laid it down as T
n axiom that the State can revoke by sub L
quent prohibitory law any licens,, grant,
during the year. License is always
ven subject to the police power of the
ate to guard it's own interests.
Mr.. Dixon replied that to soy that leg
lature can grant a right one week and h
axe il illegal the next is a violation of 2.
re safeguards provided by the Constitu- I
On to protect the obligation OF con-
act. state cannot make a penal Of
nse OF Whit it has already granted per-
ission to conduct or carry on. When a
an has been granted the right to sell liq-
IF it is the height of injustice to take it
vay from him when he has complied with
the legal requirements and expended his
oney under the assurance that he was le-